How an Injury Could Happen at a Discount Store
Every year thousands of people are injured in slip and fall accidents. These are accidents that can usually be prevented, but they are the result of the negligence of the property owner or manager. If you have suffered a slip and fall accident at any store, you may be able to recover compensation for your damages by filing a personal injury claim against the store. You will need to gather supporting evidence and documentation that shows how you were injured, why the retailer is liable, and what damages you suffered.
There are dozens of ways a slip and fall could happen, but there are many ways that are much more common than others. Here are some ways that you could suffer injuries in a slip and fall at the discount retailer’s stores:
- There could be snow and ice accumulated on the sidewalk. If the store is open for business, they have an obligation to remove snow and ice and to use salt or a melting agent to help get rid of the ice and to prevent the formation of additional ice.
- Water has been trekked in the front of the store because of the rainy or snowy weather. The store should have mats or rugs at the entrance to help dry shoes and the employees should regularly mop the area. They should use a wet floor sign to indicate that the area is wet so visitors will use extra caution.
- A jar of juice was dropped and spilled in a store aisle, or some other product such as detergent, spilled out on the floor. The employees should clean up the spill right away and place a wet floor sign or place a warning sign and rope off the area until it gets cleaned up.
- An employee mopped the floor and failed to post a wet floor sign, so you didn’t know to use caution and you stepped on the wet tile and fell, suffering a broken wrist.
Of course, there are many other ways that a slip and fall could happen. If you slip and fall at the store, be sure to tell store management right away. They will need to file an accident report. If possible, get photos of the accident scene. Ask any witnesses for statements and get their names and contact details. Check to see if a surveillance camera was in the vicinity because it may have caught the entire incident on video.
When you suffer a fall in any store, you will need to report it to management or a supervisor. An accident report will need to be completed.
Accidents are possible pretty much anywhere, mainly because some stores do not necessarily have enough staff to keep an eye on what is going on inside them.
If you are unlucky enough to suffer an injury in one of these stores and blame the company for your injuries, talk to an attorney about your chances of winning a claim for compensation.
What Sort of Damages Should You Claim For?
A personal injury lawsuit or claim is typically divided into components. Some of these are quite easy to calculate; others may be more complicated. An attorney can help you choose the damages you need addressing.
Some examples are listed below.
Damage To Your Property: Because of the nature of this type of damage, it is easily calculated. If you have fallen over and damaged your phone in a store, the cost of replacing these can be included in the claim.
Your Medical Bills: are very important and if you have been seriously injured will be substantial. Make sure that you include an estimate of any future bills if your injury has not healed at the time you make your claim. All future expenses related to your injury should be included in the claim.
Your Pain and Suffering: is in the less easily quantifiable category. Everyone understands what is meant by the term, but how much compensation should you ask for? This is usually something that your attorney can help you with. There may be standard payments allowed by the court based on previous civil cases that have been heard.
If you have injured your neck in a fall, for instance, the medical treatment may be minimal, but the pain may be very real and may even prevent you from working for many weeks after the injury.
Your Lost Earnings: This is generally quite easy to work out unless you cannot return to your job for some considerable time in the future or even never return to work at all in an extreme case.
This would mean making sure that lost earnings are accurately calculated to cover all future lost earnings as well as what has been lost up to the time of the claim.
Making a Claim Against a Large Chain Can be Harder Than You Think
Even if you think that the evidence is quite clear showing that the store was negligent and this caused your injury or injuries, it can still be a challenge trying to negotiate sufficient compensation to pay all medical bills you have had to pay as well as any other expenses.
You are more likely to have the settlement you need if you leave the negotiating to an experienced personal injury attorney who understands the law and will have dealt with this type of claim many times before.
Proof for Filing an Incident Report
If you are injured in a slip and fall in a discount store, you will need to make sure an accident report is filed so you can pursue a personal injury claim against the retailer. When you notify management, they are to complete the report and gather evidence to detail what happened. You should state only the facts and not your opinion so a thorough investigation can be completed.
If you are physically able to do so, take photos of the accident scene. Also, get photos of any visible injuries. The more evidence you can gather, the more likely you are to succeed with your accident injury claim against the retailer. If there are witnesses, you will want to get written statements from them. Also, be sure to get the names of witnesses and their contact details. The more supporting documentation that you can gather, the more likely you are to succeed with your personal injury claim.
You should establish medical care right away. Keep copies of medical records, medical bills, prescription receipts, receipts for medical devices, physical therapy bills and reports, records and bills from hospitals and visits and be sure to document any missed work and lost wages.
When you file your personal injury claim against any store, you will need to provide as much supporting documentation as possible. The more documentation that you provide, the stronger your claim and the more accurately you can prove that you suffered damages. All your damages should be itemized in your claim and then added up for the total value of your settlement at the bottom. Here are some of the more common damages claimed in slip and fall accidents where premises liability comes into play:
- Medical expenses
- Future medical care
- Lost wages
- Future loss of earnings
- Property damages – such as broken eyeglasses or torn clothing
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
The value of your claim is dependent on the extent of your injuries and if you will have future medical expenses and a future loss of earnings because of the slip and fall. You should enlist the help of an accident injury lawyer who is licensed in your state. More retail chains are large commercial entities and will be represented by a team of legal professionals. To ensure your rights are protected, you will need to ensure you have legal representation, too.
Enlisting The Help Of A Personal Injury Lawyer
When you hire an accident injury attorney to represent you throughout your slip and fall claim, you will not have to pay anything upfront. Instead, slip and fall attorneys work on the contingency basis, which means that they are only paid after you win your case. At that time, they will receive the agreed percentage of your settlement or judgment, which is usually 20 percent.
There is a strict statute of limitations for pursuing a personal injury claim against a business after a slip and fall accident. To make sure your claim is filed before your time runs out, schedule a free case review today. Complete the Free Case Evaluation Form or call the number on this page so an attorney licensed in your state can review the details of your premises liability case that resulted from a slip and fall.
*Disclaimer:
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Dollar Tree Store, or any other party, you may not be entitled to any compensation.
